Constitutional Law,
Government,
Tax
May 18, 2016
States should be subject to suit in other states
The facts of Franchise Tax Board show that those injured by a state entity should be compensated, and such liability is crucial to deterring wrongdoing.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In its decision on April 19, in Franchise Tax Board of California v. Hyatt, 133 S. Ct. 1277 (2016), the U.S. Supreme Court kept available an important way of holding state governments accountable: the ability to sue a state government in another state's courts. But the larger significance of the case is the reminder that Justice Antonin Scalia's replacement has the chance to dramatically change the law of sovereign immunity and increase people's ability to hold state governments a...
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